The Law Offices of Erik Friis
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DMV and Your Driver's License — San Diego Drunk Driving Defense Lawyer Erik A. Friis

If you have been charged with a DUI, our San Diego drunk driving defense lawyer will fight vigorously to defend your driving privileges. Attorney Erik A. Friis has extensive experience representing clients in DMV hearings and in criminal and civil court. A DMV HEARING IS YOUR OPPORTUNITY TO AVOID A DRIVER'S LICENSE SUSPENSION AND MUST BE REQUESTED WITHIN 10 DAYS OF YOUR ARREST.

Failing to request a hearing results in an automatic driver's license suspension, and there are a number of other factors that can contribute to DUI penalties. These factors including driving with a blood alcohol content that is considered excessive, driving under the influence when under 21 years of age, and refusing to take a test to determine your intoxication level after your arrest, among others. Regardless of the circumstances surrounding your case, our San Diego drunk driving defense lawyer will help you fight to maintain your driving privileges and reduce or eliminate the affect a DUI charge has on your life.

To speak with our San Diego attorney about your drunk driving charge, contact defense lawyer Erik A. Friis.

DMV Administrative Hearings

A DMV hearing is not mandatory and will not address whether you are guilty of a criminal act. Instead, it is the chance — many times the only chance — that you and your attorney have to explain the circumstances of your arrest and prevent the suspension of your driver’s license. There are several types of DMV hearings handled by the Law Offices of Erik A. Friis, including Admin Per Se hearings (hearings following arrest for DUI), negligent operator hearings (for accumulating too many points on your record), lack of skill hearings (for erratic driving), and medical reexamination hearings (due to health issues). With a heavy regional reliance on the automobile, many Southern Californians rely on their ability to drive to get them to work and other day-to-day activities. When driving rights are in jeopardy, Riverside, San Bernardino, and San Diego County residents require the assistance of a skilled drunk driving defense lawyer.

If you are stopped for a DUI, there are actually two cases involved. One case is a Department of Motor Vehicles (DMV) case. The other is a court case. The DMV case has to do with your privilege to drive. This is considered an administrative case, not a criminal case. A hearing at the DMV related to being stopped for a DUI is called an Admin Per Se hearing. When an officer arrests you for an alcohol-related DUI, he takes your driver’s license and provides you with a pink piece of paper. This paper will act as your temporary license. Thus, this law is often referred to as the "stop and snatch" law. The pink paper tells you that you may drive for 30 days. This procedure of taking the license only applies to those accused of driving under the influence of alcohol. Therefore, if you have been stopped for driving under the influence of drugs, the officer should not confiscate your license and it will not be immediately suspended by the DMV. In addition, if you live out of state, the officer should not take your license, although the Admin Per Se procedure still applies to out-of-state drivers. It is your driving privilege, not your license that is affected. Once an Admin Per Se hearing is requested, the 30 day delay of your suspension no longer applies. Instead, you are eligible to drive without limitation until the hearing is held. The DMV will update your driving record to reflect the delay of the suspension and will mail you a temporary license if the hearing is set beyond 30 days from your arrest. Properly negotiating admin per se and other types of DMV hearings can be a daunting task. Our San Diego drunk driving defense lawyer will help you properly defend your rights at every turn. To discuss your case, contact the Law Firm of Erik A. Friis today.

California Driving Privilege Suspension Periods

If you have been accused of a DUI, drunk driving defense lawyer Erik A. Friis will work tirelessly to reduce or eliminate the suspension of your driver's license. The following are license suspension guidelines outlined by the DMV. Do not assume all is lost and your license will be suspended.

 
01% Blood Alcohol Concentration (BAC)/ Under Age 21

.08% Blood Alcohol Concentration (BAC)/ Age 21 or Older

Refusal (Any Age)

No Prior Conviction or Administrative Action within 10 Years
One Year

Four Months or 30 Day Suspension Followed by Restriction

One Year

One Prior Conviction or Administrative Action within 10 Years

One Year

One Year

Two Years
Two or more Convictions or Administrative Actions within a 10 year period

One Year

One Year

Three Years

 

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Requesting a Hearing

YOU HAVE 10 DAYS FROM THE DATE OF YOUR ARREST TO CONTACT THE DMV AND REQUEST A HEARING to contest the suspension of your driving privileges. If the Law Offices of Erik A. Friis is hired to handle your case, our attorney will call to request the hearing on your behalf.  If a hearing is not scheduled, your license will automatically be suspended. Our San Diego drunk driving accident attorney urges you not to give in to your license suspension without a fight. Whether in DMV hearings, civil court, or criminal court, having an experienced attorney at your side is invaluable.

The DMV case will be held in the DMV's Office of Driver Safety. It may be conducted either in person or by telephone. The DMV hearing officer acts as both prosecutor and judge, although the hearing officer is neither an attorney nor a judge. The ultimate issue at the DMV hearing is whether or not you will face a license suspension. The DMV does not have the power to apply other penalties. Once a hearing is requested, you may retain your driving privileges until the hearing takes place and the outcome is determined. The DMV will mail you a new temporary license pending the outcome of the DMV hearing. You are not required to appear at an admin per se DMV hearing. Sometimes, if our attorney thinks it will be helpful in your case, he will advise you to be present. Because a hearing may be by telephone, it may be possible for you to participate in the comfort of your home or office.

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Fighting a Suspension

Our San Diego drunk driving defense lawyer helps those who are accused of driving under the influence take every possible step to prevent their licenses from being suspended. Among the many successful DUI defense cases handled by attorney Erik A. Friis, many individuals accused of driving under the influence have successfully retained their driver's licenses and greatly minimizing the impact the DUI charge has on their lives. On a second or repeat offense, you cannot get a restricted license that would allow you to drive within a year of your suspension. Therefore, when driving rights are in jeopardy, San Diego residents charged with drunk driving require a skilled DMV defense lawyer.

San Diego drunk driving defense lawyer Erik A. Friis has successfully prevented license suspensions in cases where blood alcohol content has been measured above the felony threshold, when more than one DUI is on a person's record, and when a driver was determined to be involved in a hit and run, among other circumstances. For the most thorough and aggressive representation in the defense of your DMV case, contact our San Diego drunk driving defense lawyer.

Many of the same issues that are discussed on our DUI and Your Rights page apply to the defense of DMV hearings. During DMV hearings, for example, our San Diego drunk driving defense lawyer can address whether the officer had reasonable cause to believe you were driving under the influence and, if so, if you were placed under arrest in a lawful way.

If you refused blood or breath tests, DMV hearings are especially important. In some cases, the arresting officer has not properly explained the additional penalties associated with a test refusal. If this is the case, our drunk driving defense lawyer Erik A. Friis will fight to see that additional penalties are not applied.

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Excessive Blood Alcohol Content Hearing

If you are 21 years of age or older, the DMV has to prove the following at your blood alcohol content (BAC) suspension hearing:

The same issues that apply to fighting your court case detailed in our DUI and Your Rights page apply to fighting your excessive BAC suspension. You have absolutely nothing to lose by fighting the suspension. If you sit back and do not request a hearing, you will automatically be suspended. If you fight your suspension and do not achieve the hoped for outcome, the punishment will not be increased as a result of your doing so. On a first offense, you have the ability to convert the four month suspension to a 30 day suspension with a restriction. Our San Diego drunk driving defense lawyer will fight to help you win your DMV hearing and work to ensure your driving privileges will not be affected.

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Under Age 21 Excessive Blood Alcohol Content Hearing (Vehicle Code Section 23136)

If you are under the age of 21, the DMV must prove the following in your suspension hearing:

Many of the same issues that apply to a .01 percent BAC hearing apply to .08 percent BAC hearings, but there are also some special issues that apply only in case of drivers who are under the age of 21. Regardless of the circumstances surrounding your case, our San Diego drunk driving defense lawyer will work to ensure that your rights are protected.

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Test Refusal Charges and Driver's License Suspensions

When tested for DUI, the law requires a law enforcement officer to offer a choice of breath or blood tests to determine blood alcohol content, or blood or urine to determine blood drug content. Your rights when accused of a DUI are such that you can refuse a field sobriety breath test (commonly known as a breathalyzer) before you are arrested, but not a blood, breath, or urine test administered at a police station, jail, or hospital after you are arrested.

If a blood or breath test (or a urine test in certain cases) is refused, additional DMV penalties may apply. If a test refusal has been alleged in your case, our San Diego drunk driving defense attorney will analyze all the circumstances surrounding your case and provide you with an aggressive defense strategy to reduce or eliminate your driver's license suspension period. Contact the Law Offices of Erik A. Friis today to discuss your case.

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Fighting Refusal Suspensions

Consideration at a chemical test refusal hearing include:

Our San Diego drunk driving defense lawyer has the necessary experience to successfully fight test refusal charges resulting in extended driver's license suspensions. Refusal suspension reversals can come about when a DUI arrest is found to be unlawful and the person arrested was not properly informed of the consequences of a test refusal, among other scenarios.

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Out-of-State Driver's Licenses

If you live in California but hold an out-of-state driver’s license, our San Diego drunk driving defense lawyer will help you defend your rights in both your the DMV hearing and court case. For those with out-of-state driver's licenses who are accused of a DUI, the same policies and procedures apply to you. In this case, it is your driving privileges that are affected, rather than your driver's license specifically. If you live out of state, a DMV action in California may still affect your license in your home state because the states share information regarding DUI convictions. Driving suspension in California may trigger a suspension elsewhere. Therefore, it is just as important to fight a DUI related DMV hearing if you live out of state as it is if you are a California resident.

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DMV Appeals

If your DMV hearing does not end in a satisfactory manner, there are two appeal options available to you. The first type of appeal is an internal appeal to the Sacramento Office of Driver Safety. Here, a senior DMV hearing officer will review the entire record of the hearing and decide if the local hearing officer made the proper decision. This type of appeal has its advantages and disadvantages. The advantage of this type of appeal is that it is inexpensive. The disadvantage is that the DMV hearing officer is not an attorney, and therefore may not understand the law as well as a legal professional. Another disadvantage is that the suspension will not be delayed pending the outcome of your appeal.

The second type of appeal is an external appeal to the Superior Court. Again, this type of appeal has its advantages and disadvantages. The advantage of this type of appeal lies in the fact that it will be handled by the Attorney General’s Office, and not a DMV hearing officer. Your appeal will also be heard in a court room by a judge. Another advantage includes your appeal being heard by a judge and the possibility of a delay in the suspension of your license pending your appeal hearing. The disadvantage of this type of appeal is its expense.

A successful method of defeating your license suspension may include appealing your DMV case. For help deciding if an appeal is the right thing to do in your case, contact our San Diego drunk driving defense lawyer today.

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Other DMV Hearings

The following DMV hearings may apply to your DUI case. In most cases, drunk driving defense lawyer Erik A. Friis can attend these hearings on your behalf.

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Negligent Operator Hearings

If you accumulate too many points on your driving record, the DMV may suspend your license for being a "negligent operator." A person is considered a negligent operator when he or she accumulates 4 points in any 12 month period, 6 points in any 24 month period, or 8 points in any 36 month period. If you are accused of being a negligent operator, you are entitled to a hearing to decide whether or not you should retain your driving privileges. Unlike an Admin Per Se hearing, the hearing officer in a negligent operator hearing has discretion in allowing you to retain your license on a probationary basis. As long as no more points are accumulated during the specified probation period, your license will not be suspended. If you receive a notice of suspension for being a negligent operator, it is important to act fast. You only have 14 days after receiving a mailed notice, and 10 days after receiving a notification in person, to request a hearing at the DMV and contest your status as a negligent operator. If you have been accused of being a negligent operator due to excessive points on your driving record, our San Diego drunk driving defense lawyer will work diligently to defend your driving privileges.

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Lack of Skill / Medical Reexamination Hearings

If the DMV learns that a driver is unable to safely operate a motor vehicle, that person's license may be suspended. This may be the result of a medical condition. Normally, in these types of issues, the DMV is notified by a law enforcement agent, or by the person’s doctor, that there is a medical issue which would potentially cause an unsafe driving situation. This will trigger a suspension of the person’s driver’s license. Medical issues are usually related to a lapse of consciousness, but can include any physical or mental disorder which renders a person unable to safely operate a motor vehicle. If you receive a notice of suspension, you may challenge it in a DMV hearing. Our San Diego drunk driving defense attorney will help you do so.

You have 14 days to request a hearing if you receive notification by mail, and 10 days to request a hearing if your notification is delivered to you in person. The DMV may require you to take a written test as well as a driving test. Proof that your medical condition does not render you a public safety hazard may also be required. The DMV also could choose to take no action against your driving privileges, require a probationary period, or withhold judgment pending a change in circumstances. The DMV could reverse a decision of suspension due at a later date if a medical condition is found not to affect your driving ability. If you fail a driving test associated with this hearing, your license will remain suspended. You are allowed to take driving lessons to practice your driving skills.

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Contact Our San Diego Drunk Driving Defense Attorney

San Diego drunk driving defense lawyer Erik A. Friis provides those facing DUI charges with thorough, aggressive representation. He will fight to eliminate or reduce your driver's license suspension and minimize the impact a DUI has on your life. To discuss your case, contact our San Diego DWI defense lawyer.

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To learn more about the protection of your driving rights after a DUI, contact our San Diego drunk driving defense lawyer today.






San Diego
3111 Camino Del Rio N., Ste. 400
San Diego, California 92108

Phone: (866) 644-6692
Fax: (858) 549-2271

Click HERE for directions

Riverside
4129 Main Street, Ste. B2
Riverside, California 92501

Phone: (866) 644-6692

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